781 decisions

newest first

Engineering Physical sciences & math Clear all

DismissedNIW · Motion to reopen & reconsider2014-01-15· old NYSDOT test
Occupation not statedJAN152014_01B5203
Physical sciences & math
The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Claims not backed by documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success
DismissedNIW · Motion to reopen & reconsider2014-01-10· old NYSDOT test
Occupation not statedJAN102014_01B5203
Physical sciences & math
The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Citation record not persuasiveClaims not backed by documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success
DismissedNIW · Motion to reopen & reconsider2014-01-09· old NYSDOT test
Occupation not statedJAN092014_05B5203
Physical sciences & math
The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Claims not backed by documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success
DismissedNIW · Motion to reopen & reconsider2014-01-08· old NYSDOT test
Occupation not statedJAN082014_01B5203
Physical sciences & math
The director found that the petitioner qualifies for classification as a member of the professions holding the equivalent of an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Claims not backed by documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success
DismissedNIW · Motion to reopen & reconsider2014-01-07· old NYSDOT test
Occupation not statedJAN072014_02B5203
Physical sciences & math
The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Claims not backed by documentsNo interest from users, customers or investors
MotionEB-2 · Motion to reopen & reconsider2014-01-03· old NYSDOT test
Occupation not statedJAN032014_01B5203
Physical sciences & math
The director concluded that the pet1t10ner failed to demonstrate the beneficiary ' s qualifying educational requirements for the offered position as required by the labor certification and for classification as an advanced degree professional.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentInconsistencies in the record
UnknownNIW · Motion to reopen & reconsider2013-12-05· old NYSDOT test
Occupation not statedDEC052013_14B5203
Physical sciences & math
S not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Exceptional ability not establishedSupport letters generic or unsupportedNo interest from users, customers or investorsPlan or projections not corroborated
DismissedNIW · Motion to reopen & reconsider2013-11-27· old NYSDOT test
Occupation not statedNOV272013_04B5203
Engineering
The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordEvidence submitted too late
SustainedEB-2 · Appeal2013-11-14· old NYSDOT test
Occupation not statedNOV142013_01B5203
Engineering
Evidence submitted too late
UnknownEB-2 · Appeal2013-11-14· old NYSDOT test
Occupation not statedNOV142013_02B5203
Engineering
Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum education requirements stated oil the labotcettification.
RemandedEB-2 · Appeal2013-11-12· old NYSDOT test
Occupation not statedNOV122013_04B5203
Physical sciences & math
The director's decision will be withdrawn, and the matter will be remanded to the director for further action, consideration, and the entry of a new decision in accordance with below.
Inconsistencies in the record
RemandedEB-2 · Appeal2013-10-31· old NYSDOT test
Occupation not statedOCT312013_05B5203
Engineering
The director's decision will be withdrawn and the petition remanded for a new decision.
DismissedNIW · Motion to reopen & reconsider2013-10-08· old NYSDOT test
Occupation not statedOCT082013_02B5203
Physical sciences & math
The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Claims not backed by documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or successRelied on a labor shortage
RemandedEB-2 · Motion to reopen & reconsider2013-09-13· old NYSDOT test
Occupation not statedSEP132013_01B5203
Engineering
The director's decision will be remanded for further review and entry of a new decision.
DismissedEB-2 · Motion to reopen & reconsider2013-09-04· old NYSDOT test
Occupation not statedSEP042013_02B5203
Engineering
Since Part H-14 provides that an individual can qualify for the offered position with less than a baccalaureate followed by five years of progressive experience in the specialty, the petition does not qualify for advanced degree professional classification.
Five years of progressive experience not documentedInconsistencies in the record
MotionEB-2 · Motion to reopen & reconsider2013-08-30· old NYSDOT test
Occupation not statedAUG302013_03B5203
Engineering
Upon review, the AAO finds that the motion to reconsider does not qualify for consideration under 8 C.
DismissedEB-2 · Motion to reopen & reconsider2013-08-28· old NYSDOT test
Occupation not statedAUG282013_01B5203
Engineering
Therefore, since an individual can qualify for the offered position with a degree less than a baccalaureate (followed by five years of progressive experience in the specialty), the petition does not qualify for advanced degree professional classification.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented
DismissedEB-2 · Motion to reopen & reconsider2013-08-26· old NYSDOT test
Occupation not statedAUG262013_02B5203
Engineering
The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition.
Claims not backed by documentsDid not show the waiver outweighs labor certification
DismissedEB-2 · Motion to reopen & reconsider2013-08-22· old NYSDOT test
Occupation not statedAUG222013_04B5203
Engineering
Therefore, since the beneficiary's master's degree from is not from an accredited institution of higher education, it does not qualify as an advanced degree within the meaning of 8 C.
Five years of progressive experience not documented
MotionEB-2 · Motion to reopen & reconsider2013-07-30· old NYSDOT test
Occupation not statedJUL302013_02B5203
Engineering
The AAO affirmed the director's decision and also found that the petitioner did not establish that the beneficiary qualified for the proffered position.